Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Akash Kumar Sahu S/o Shri Ramashankar Prasad – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks judicial relief from unlawful police actions. (Para 1 , 2 , 3) |
| 2. petitioner argues lack of lawful foundation for police actions. (Para 4 , 5 , 10) |
| 3. police actions led to illegal arrest without proper investigation. (Para 8 , 9 , 13) |
| 4. arrest and remand were illegal due to procedural violations. (Para 14 , 16 , 22) |
| 5. compensation for violations of fundamental rights established. (Para 19 , 20 , 27) |
| 6. court quashes illegal proceedings and emphasizes police accountability. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
RAMESH SINHA, CJ.
1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner. Also heard Mr. Vivek Sharma, learned Advocate General along with Mr. Praveen Das, learned Additional Advocate General appearing for the respondents/State.
2. By way of this writ petition the petitioner has prayed for following reliefs:
“10.1 This Hon'ble Court may kindly be pleased to directed the respondents to call relevant records, pertaining to the instant matter.
10.2 This Hon'ble Court may kindly be pleased to quash the order dated 08.09.2025 as well as all the proceedings of Criminal Case No. 1379/2025, pending before respondent No. 6
10.3 This Hon'ble Cou
The case reinforces the necessity of informing arrestees of the grounds for their arrest and complying with preventive detention laws, establishing that unlawful arrests lead to compensation for viol....
The judgment establishes the importance of upholding the rights guaranteed under Article 21 of the Constitution of India and the need for a reasonable basis for arrest under the Cr.P.C.
The court held that without credible evidence, an arrest constitutes a violation of Article 21, and compensation may be awarded for wrongful detention.
The court established that police officers must comply with statutory requirements before arresting another officer, and failure to do so constitutes a violation of fundamental rights under Article 2....
The judgment established the principle that illegal detention and malicious prosecution by the police warrant the grant of compensation under the public law remedy, emphasizing the violation of funda....
Compensation for violations of Article 21 is a public law remedy, essential for enforcing accountability and deterring state misconduct, distinct from private law remedies.
Compensation can be awarded for illegal detention and violations of constitutional rights; police actions deemed arbitrary and unjustifiable under the law.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
